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2013.02.11 PC Meeting PacketNage i or z CRYSTAL PLANNING COMMISSION AGENDA Monday, February 119 2013 at 7:00 p.m. Council Chambers, Crystal City Hall Commissioners, please call 763.537.7144 or email corinne.elfeltAcrystalmn;if unable to attend * Items for which supporting materials are included in the meeting packet ** Information to be provided at the meeting A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the followina members present: ❑ Commissioner (Ward 1) ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 4) Sears Nice Chair] ***vacant*** ***vacant*** ❑ Commissioner (Ward 1) ❑ Commissioner (Ward 3) ❑ Commissioner (Ward 4) Hei el VonRueden [Chair] Johnson ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 3) ❑ Commissioner (At -Large) Erickson Buck [Secretary] Strand B. APPROVAL OF MINUTES * Moved by and seconded by to approve the minutes of the January 14, 2013 regular meeting with the following exceptions: Motion carried. E. PUBLIC HEARINGS 1. Consider Application 2013-02: Conditional Use Permit for Motor Vehicle Repair at 5215 Lakeland Avenue North (Rusty and Sons Auto Repair) * Staff presented the following: GAPLANNINGTIanning Commission12613102.1 hagenda detailed.doc Page 2 of 2 The following were heard: Planning Commission discussion: Moved by and seconded by to (recommend approval) (recommend denial) (continue consideration) of a Conditional Use Permit far Motor Vehicle Repair at 5215 Lakeland Avenue North. Motion carried. F, GENERAL INFORMATION 1. Staff preview of likely agenda items for Monday, March 11, 2013 meeting G. OPEN FORUM H. ADJOURNMENT Moved by and seconded by to adjourn. The meeting adjourned at Motion carried. p.m. G:TLANNINGTIanning Commission12013102.1 I\agenda detailed.doc Unapproved minutes of January 14, 2013 Planning Commission Meeting Page 1 of 3 CRYSTAL PLANNING COMMISSION MINUTES Monday, January 14, 2013 at 7:0� p.m. Council Chambers, Crystal City Hall A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at=7:00 p.rh i'\ th the following members present: C X CommissionerWard ( i oner ❑ Commissioner Commi[Ward 2j ,gComj�ss*ol:i�r �Vl�#rd 4} r� Sears [Vice Chair] *** vacant*** X Commissioner (Ward 1) X Commissioner (Ward 3} ' X C6 missio .e (Ward 4) Heigel VonRueden [Chair] ohnson':; , X Commissioner (Ward 2) X Commissioner (Ward ')- ,_.'Commilsioner (At - Erickson Buck [Secretary]=---�_ :., a e} Strand Also present were Council Liaison Casey Pe4k and 'sta members John Sutter and Corinne Elfelt.- INTRODUCTION - Councilmember- - sey pealtl= ,20.3 -City Council Liaison _ a I ANNUAL ORGANIZATIONAL 11AEETING 1. Election of Officers ■ Chairperson,Combissfoner Heigel made a motion to nominate Commissidnar_Vonk°uede-n -elS;Chairperson, Commissioner Erickson seconded the mot_iOn. �r - Passed unanimously. ■ ,Nice-Chairpersa0 -Commissioner Strand made a motion to nominate C8Ynfnissiaher Sears, Commissioner Buck seconded the motion. i Yep , �•, Passed unanimously. Secretary – Commissioner Buck volunteered to serve as Secretary, accepting :�is motion, Commissioner Strand seconded. Passed unanimously. 2. �► pproval of Meeting Calendar and Application Due Dates for 2013 Commissioner Heigel recommended approval of the 2013 calendar, Commissioner Sears seconded the motion. Passed unanimously. Q\PLANNiNCIPlanning Commission12013101.141unapproved minutes.doc Unapproved minutes of January 14, lU 1:3 Planning C:ommmion sweeting page l of 3 D. APPROVAL OF MINUTES Moved by Commissioner Buck and seconded by Commissioner Heigel to approve the minutes of the December 10, 2012 regular meeting. Motion carried unanimously. 1. Consider Application 2013-01: Conditional Use Permit for Mof6r.,VehicI64. pair at 5215 Lakeland Avenue North (Premier Automotive Trends, LGA) t}} Planner Sutter presented the staff report. Commissioner Buck asked what business waa,currently in f'e sppee. Mr. Sutter stated the space was currently vacant. Plarinee Sutte4lso ind'fdated West Metro Fire and the Building Official had inspected the sp�tbp ; Chair VonRueden opened the Public Fearing. Tie applicant for Premier Automotive Trends, Maycol Arzapalo, ihtroduced`himself to the Commission. He confirmed the space at 5215 Laikelarid ►4 8 is currontly vacant. Chair VonRueden asked.what 5i�ncd e:,is _beipg considered for the business. Mr. Arzapalo will be apply).ng 1l `s gnag `fo the building. Commissioner Heigel as60;what type`of work will be done on vehicles. Mr. Arzapalo said they.,wi11,ihsta11 heated seats in vehicles, auto starts, sound systems. There vvill,bO ho welding or painting. Work will be done for dealerships and for individuals. CoMfnissioner Strand asked what other types of businesses were in the building. Mr�Af?,;apalo`_Wfed lhbre is a glass business and counter/restaurant furnishing business,. N' H 1n no further discussion, Chair VonRueden closed the Public Hearin �. ��, g g. 1111 ved �y'Commissioner Strand and seconded by Commissioner Buck to rec mmend approval of a Conditional Use Permit for Motor Vehicle Repair at 5215 Lakeland Avenue North. Motion carried unanimously. F. GENERAL INFORMATION 1. City Council actions on previous Planning Commission items: December 18, 2012: Approved the site and building plans for The Cavanagh senior housing, and second reading rezoning the site from R-1 to R-3 GAPLANNING\Planning Com mission12a13101. Munapproved minutes.doe Unapproved minutes of January 14, 2013 Planning Commission Meeting Page 3 of 3 Mr. Sutter updated the commission on the progress of the abatement process at The Cavanagh site. 2. Staff preview of likely agenda items for Monday, February 11, 2013 meeting: -possible application for motor vehicle repair business at 5211 Lakeland Ave N 3. Quarterly Development Status Report G. OPEN FORUM Jeff Streeter, Agent for the owner (bank) of the property located at 561&,5 t'',Avenue N., addressed the commission regarding the possible use of the property y Amaj-ix g Love Health Care as a facility to provide assisted living, senior housing and;surgeryi`overy services. Mr. Sutter reviewed the process outlined in a letter dat6d,Aptil-25, 201 ,,to Amazing Love. r: H. ADJOURNMENT Moved by Commissioner Sears and seconded by- Commission � r Erickson to adjourn. Motion carried unanimously. The meeting adjourned at 7:26 p.m.,,j z _ s d. G:IPLANNING\Planning Coin mission12013101.141unapproved minutes.doc M E M O R A N D U M DATE: February 1, 2013 TO: Planning Commission (February 11, 2013 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director 86 SUBJECT: Public Hearin (Application 2013-02): Consider a Conditional Use Permit for Motor Vehicle Repair at 5215 Lakeland Avenue North (Rusty and Sons Auto Repair) Please note that this application has supplanted one previously submitted by a different applicant (Premier Automotive Trends) for the same tenant space. That application was reviewed and approved by the Planning Commission on January 14, 2013, but the property owner subsequently leased the space to Rusty and Sons Auto Repair, and Premier Automotive Trends withdrew their application on January 23, 1093, A. BACKGROUND The subject property is a 1.4 acre parcel containing a 27,600 sq. ft. building and associated parking lots. The building has multiple tenant spaces with an address range of 5211-5223 Lakeland Avenue North. The property is zoned 1-1 Light Industrial. Motor vehicle repair is permitted in this location by Conditional Use Permit (CUP). Notice of the Planning Commission's February 11, 2013 public hearing was mailed to property owners within 350 feet of the subject property and published in the Sun Post on January 31, 2013. No comments have been received to date. The following Exhibits are attached: A. Spring 2009 (overhead) aerial photos B. Fall 2011 (oblique) aerial photo C. Narrative submitted by the applicant B. STAFF COMMENTS A conditional use permit may be granted for the proposed use provided that the following requirements are met (515.53 Subd. 4j): 1) The property abuts at least 1 of the following street segments: 5215 LAKELAN❑ - CUP (Rusty and Sons Auto Repair) PAGE 1 OF 3 • Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North. • West Broadway between Corvallis Avenue and 56th Avenue North. • Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North. 2} The facility meets the following separation distances and hours of operation requirements. For the purposes of this section, "facility" means any building or any part of the lot where the city council determines that it is likely that vehicles will be driven, stopped, or parked as part of the operations of the motor vehicle repair business. i} No such facility shall be located less than 50 feet from any property zoned R-1, R-2 or R-3. ii} If the facility is located at least 50 but less than 100 feet from property zoned R-1, R-2 or R-3, then it may not be open before 7:00 a.m. or after 7:00 p.m. iii] If the facility is located at least 100 but less than 250 feet from property zoned R-1, R-2 or R-3, then it may not be open before 6:00 a.m. or after 9:00 P.M. iv) If the facility is located at least 250 feet from property zoned R -'I, R-2 or R-3, then no hours of operations restriction is specified by this Code. 37 There is no outdoor parking or storage of vehicles that are to be worked on, are being worked on, or have been worked on. The applicant indicates that outdoor storage will not be necessary beyond the usual customer and employee parking. There is sufficient existing parking area for the proposed use. 4} The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. The only residential uses in the area are screened by the Bottineau Boulevard approach to the bridge over the CPRR tracks. 5} The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a} and section 524 are considered and satisfactorily met. a} 515.05 5ubd. 3 a}: In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: 5215 LAKELAN❑ - CUP (Rusty and Sons Auto Repair) PAGE 2OF3 1 j The consistency of the proposed use with the comprehensive plan. 2) The characteristics of the subject property as they relate to the proposed use. 3) The impact of the proposed use on the surrounding area. The city council may impose transferability limitations, renewal requirements, hours of operation limitations or other operational restrictions as a condition of approval of any conditional use permit if determined by the council to be necessary to address anticipated impacts of the proposed use. The existing transportation infrastructure is adequate and well suited for the proposed use. The proposed use is consistent with Light Industrial guidance in the Comprehensive Plan. The proposed use as described would not negatively impact the surrounding area provided that it is accommodated on the subject property, does not spill onto adjacent public streets or private property, and operates in compliance with city code including the CUP conditions. b) Section 520 (Site Plan Review) Does not apply in this case because the building and site improvements are already in place. C. REQUESTED ACTION Staff recommends approval of the requested conditional use permit for Rusty and Sons Auto Repair at 5215 Lakeland Avenue North. The recommended findings of fact are in bold text in Section 6 of this report. If the Planning Commission is in agreement with staff, then the findings of fact from the staff report should be referenced in the motion. If not, alternate findings of fact, and conditions (if any) should be stated in the motion. Planning Commission action is requested in the form of a recommendation to the City Council. The City Council will consider the application on February 5, 2013. 5215 LAKELAN❑ - CUP (Rusty and Sons Auto Repair) PAGE 3 OF 3 Into Parcel 09-118-21-21-0010 A -T -B: Torrens ID: Owner W F Staye & 6 A Staye Market $1,050,000 Name: Total: Parcel 5221 Lakeland Ave N Tax $42,348.78 Address: Crystal, MN 55429 Total: (Payable: 2012) Property lindustriat-Preferred Sale $319,519 Type, Price: Home- Non -Homestead Sale 0511998 stead* Date�: Parcel 1.44 acres Sale Area: 62,754 sq ft Code: Property Map Map Scale: 1'" - 400 ft, N Print Date: 12/2112012 This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. 1 COPYRIGHT 0 HENNEPIN COUNTY 2012 Think Green' John Sutter To: John Sutter From: Rusty Phetthongdy {mailto:rustyraw763(dyahao.coml Sent: Wednesday, )anuary 23, 2013 9:38 AM To: John Sutter Subject: 5215 Plans My Automotive repair and service will be located 5215 Lakeland ave n crystal mn 55429. I will be open for business from gam - 9pm mon - fri 1 1 am - 5pm sat and closed on sunday. I am an owner operater for the time being. So i do not have any employees. Car will be stored in side the building during and after repa i Wsery i ce. Any vehicles outside are awaiting service and lefted outside no longer than 1 overnight. I have 4 parking slots on the west side of the building parking lot and 4 parking slots on the east side of the building parking lot. Back of the building there is 4 parking slots. Equipment and parts load and unload will be done in back of building, trash bin/disposal also back of the building. Signage of business will posted right above front entry door and second sign N facing side of 5201 lakeland building. Rusty Phetthongdy 763-300-5112